Felonies

News & Analysis as of

Deportation Coming Up in Season 6 of “The Real Housewives of New Jersey”: Real Immigration Problems for Celebs Teresa and Giuseppe...

On March 4, 2013, two of the stars of the Bravo Network television show, “The Real Housewives of New Jersey,” pleaded guilty to several counts of fraud and other charges in a federal court in Newark, New Jersey. Teresa and...more

Minor Traffic Infractions Can Lead To Felony Charges

Recent Ohio tinted window traffic stops result in drug possession arrests - Even a minor equipment infraction such as a broken tail light can be enough for police to stop drivers in Ohio. On their own, these...more

BB&K Police Bulletin: Gang Members Who Carry Loaded Firearms Can Be Charged With A Felony

“Felonious Criminal Conduct” Under California’s Gang Enhancement Statutes Elevates Misdemeanor Offense to a Felony - Overview: The California Supreme Court has ruled that possession of a firearm by a felon constituted...more

Fourth Circuit Holds That Defendant Can Be Guilty of Criminal Violation of Armed Export Control Act Even Without Specific...

To obtain a felony conviction under the Arms Export Control Act for “willfully” exporting “defense articles” without a license, must the government prove that the defendant knew the items in question were specifically subject...more

Court Recovery of Unremitted Employee Wage Withholdings

Existing law makes it a crime for an employer to willfully, or with the intent to defraud, fail to remit agreed-upon payments to health and welfare funds, pension funds or vacation plans, or other various benefit plans. The...more

What Is The Difference Between A Felony And A Misdemeanor?

Whether you are charged with a misdemeanor or felony offense, you are in serious trouble and you need to consult with an experienced attorney. Individuals who break state laws are charged with either a felony or misdemeanor,...more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

Convention Against Torture As Relief From Removal Based On Cooperation With Law Enforcement Agencies

Generally, noncitizens convicted of crimes defined as aggravated felonies under federal immigration law are automatically disqualified from most forms of relief from deportation. The term “aggravated felony” is a term of...more

It Can Be a Felony to Drive on a Suspended License After a DUI Conviction

Has your license been suspended because of a previous driving under the influence (DUI) offense? Before you get into the car to run that quick errand or commute to work, you might want to think twice. Repeat violators who...more

Regulating Revenge Porn And Explicit Online Communications With Children – Easier Said Than Done

Everyone supports the prevention of sexual predators texting illicit material to people under 17. Everyone knows that revenge porn is a scourge on public decency. ...more

Colorado Defense Attorney Charged With Felony – Why?

A recent indictment in a state court in La Plata County, Colorado, has ruffled feathers in the defense bar. The accused was one of our own, criminal defense attorney Brian Schowalter. The charge was based on Schowalter’s...more

From Tragic Accident To Felony — Leaving The Scene Of An Accident

Last month, three-year-old Tariyah Williams, who was playing with a friend in the yard, suddenly darted into the street. Driver Eric Clayton struck the child, stopped his car, carried her back to the yard and drove away....more

It Is Not A Federal Crime To Touch Someone Who Says They Want To Have Sex With You, Even If You're Gay

John Doe (not his real name - but the guy shouldn't be singled out any more than he already has been. If you really want to see his name, it's on the opinion from the Fourth Circuit) wanted to have gay sex with a stranger....more

Final SEC Rule Disqualifying Bad Actors From Rule 506 Offerings

The SEC has adopted final rules to implement Section 926 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 926 required the SEC to adopt rules that disqualify securities offerings involving certain...more

Contest insurance, part one: Get it or regret it

Recently I have helped several clients with contests that seemingly required entrants to do the impossible to win a prize. One promotion required contestants to guess a six-digit code that would open a safe. Another involved...more

Latest LCD Criminal Conviction - Stephen Leung Of AUO Convicted On Retrial

After a 3-week trial and less than 24 hours of deliberation, a federal jury in San Francisco convicted Mr. Stephen Leung of AUO of one felony count of price-fixing in violation of Section 1 of the Sherman Act. He was charged...more

An Ounce of Prevention Could Have Been the Cure

Earlier this month, a restaurant company in the Midwest pled guilty to an immigration charge when a federal investigation revealed that one of the company’s restaurant managers was an undocumented worker who provided the...more

Police Operation Nabs 12,000 Felons in Florida

The streets of Florida could be a little bit safer after a three-week police initiative resulted in the arrest of nearly 12,000 felons. The initiative named "Operation: Felon Sweep" targeted felons known to be, or believed to...more

Felony Disqualifiers for “Deferred Action” Status

Soon after announcing the launch of a “deferred action” program to suspend immigration enforcement actions against qualifying individuals who came to the U.S. as children, the White House and the Department of Homeland...more

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